Q: I moved in with my ex wife about a yr ago and did a remodel job in the basement. I invested 18k in a house in her name.
I want to understand what recourse I have, if any, to seek reimbursement for my investment.
A:
Dear Denver Ex-Husband Remodeler: As you probably imagined, most legal analysis pertaining to the rights of a party against another begins with the inquiry - "was there an agreement" ? By the content of your question, I reasonably believe you did not have a "written agreement", otherwise you would merely look to the terms of the agreement to determine your rights. I'm afraid that a "verbal contract" for reimbursement of the "18k investment" will be a very difficult prove-up to a Court/Judge/Jury because under Colorado real estate law, a person's argument that they have an equity stake in some other person's property requires there to have been a writing between the two (with limited exceptions). Regarding your installation of construction remodeling in the basement, that recovery may be possible, but here again if you had no written agreement then you must try and meet the test of "detrimental reliance" coupled with "unjust enrichment". What this means is that if the ex-wife promised you payment and you relied on that promise to your detriment (investing your time and money in remodeling) and now she refuses to honor her promise then you're the victim of her unlawful misrepresentation and/or fraud. And further, that she is now enriched from your construction improvements that were procured through a pattern of fraudulent promises and misrepresentations. James Greer
[ Nothing herein is intended to offer legal advice but instead is guidance.
Mr. Greer operates a real estate law practice in the states of CO and CA ].
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